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.' Event: FBI Briefing on Trading

Memorandum

Type of Event: Informal Briefing

Date: 8/15/03

Date memo prepared: 8/18/03

Special Access Issues: None

Prepared by: Doug Greenburg

Team Number: 4

Location: 9-11 Commission

Chief, TFOS; SA Bill Mackev TFOS' SSA Greg

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Participants - FBI: Dennis Lormel, Section Chief, TFOS; Janice K. Penegor, Deputy
BI'IlIll<1l INS (~ton FO during

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9111 investigation); SA! ; FO, SA Y FO, SSA
Richard Kelly, FBIHQ, C IO;SACPbert Blecksmith, WFO TDY to Director's Office,
HQ. i!
Participants-Commission: D. Greenburg, J. Roth, .

This informal briefing addressed the FBli~ investigation of potentially illicit

securities trading in advance of the September l/i attacks. The briefing lasted

approximately I Y, hours. This memorandum provides a summary of what we consider

the most important points covered in th~ briefi/~g, but is not a verbatim or comprehensive

account. The memorandum is organized by ~ubject and does not necessarily follow the

order of the briefing. ,

Introduction

D. Lonnel began the briefing br stating that the allegations of trading with

foreknowledge of 9/11 surfaced very early after 9/11, and the FBI set up a team to look

• into the issue. He identified SA Bill Mackey as the team leader of the FBI's team. In

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addition, he said that the FBI reached out to the SEC very early on, and began

cooperating with the official heading the SEC's inquiry, Director of Market Surveillance,

Joe Cella. Lormel said he also raised the trading issue with the inter-agency Policy

Coordinating Committee (PCe). As a result, the CIA was involved in looking for

intelligence on any illicit trading. Lonnel said the FBI raised the trading issue a number

of times during its many meetings with various foreign law enforcement officials about

the investigation of the 9/11 plot. In summary, Lormel said a thorough investigation was

conducted, and there exists no evidence that any person traded any security with

foreknowledge of the 91l 1 terrorist attacks.

FBIHQ Investigation

Lormel turned the briefing over to Mackey to describe the investigation. Mackey

• also provided a written chronology, which we received later that day, and which is Bates-

stamped, Request 5-13, 156-175.1 [Copy attached]. Mackey explained he has worked

for the FBI since 1968 and been an agent since 1976. He said he has considerable

experience in white collar crime investigations. On 9111, he was an instructor at

Quantico, but soon afterwards came to FBIHQ to work on the investigation. Lormel

tapped him to head the trading investigation team, formally known as the U.S. Foreign

and Financial Markets Team, which officially formed on September 17. In this role,

Mackey had two Deputies' ~dl f The purpose of the team

was to determine if anyone had profited or sought to profit by trading securities in

advance of 9/11.

1 The documents Bates-stamped Request 5-13, l:~1 $5 actually concern other subjects and bear no relation to

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the trading issue. The documents we received or August 15, 2003 that do concern the trading issue were
Bates-stamped Request 5-13, 155-302. !/
2 Mackey's chronology, dated 8114/03 and apparently created for the Commission, provides more details on
the composition and operation of his team. :.
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Mackey said his team decided almost immediately it needed to involve the

industry experts, so it reached out to the SEC, CFTC, and the National Association of

Securities Dealers (NASD), a Self-Regulated Organization, which regulated securities

broker-dealers. The FBI decided to let these agencies take the lead and refer to it any

suspicious transactions requiring further investigation. Mackey said the FBI received

total cooperation. He said the level of cooperation from every agency and ·at every level

far exceeded anything he had ever experienced in his career.

Mackey said his team began by meeting with the SEC and collectively

determining how terrorists might have tried to profit from the attacks. As a result of this·

process, the FBI and SEC collectively came up with a list of industries, stocks, and

various other securities that an investor with knowledge of the attacks might have used to

• try to profit from them .

Mackey said the FBI asked the SEC to make contact with its counterparts all over

the world concerning the investigation, which the SEC did. Lormel added that in his

meetings with various intemationallaw enforcement and intelligence officials he raised

the trading issue as well. J

..... ---', He also asked the S~.AI

.. -I

;1 I According to Lormel, the end~~Sl.llt6f;his investigation was

that the FBI was never informed of any indicatio~ .. of·a~; real evidence o~,~JJf~ittrading

overseas.
.. .

Mackey said the SEC·'agreed to lead the investigation and refer anything

suspicious to .~~e··FBI. He generally described a series of meetings his team had with

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senior SEC personnel and others and the progress of the investigation. The chronology

is set out in some detail the document he provided and will not be repeated in full here.

The bottom line was that the investigation did not produce any evidence of any trading by

any person with advance knowledge of 9/11.

Mackey said that his team met with the SEC on September 21, 2001. At that

meeting, Joe Cella of the SEC briefed the FBI on the progress of the SEC's investigation.

[Mackey's report provides a detailed summary of Cella's briefing.] Among other things,

Cellasaid that the SEC was investigating all relevant options trading for the period

August 24-September 11, 2001. (Mackey said he did not know how the SEC chose the

August 24 starting date, but one of the other agents present speculated it may have

marked the first trading day after the expiration of the August options). Also at .the

• September 21 briefing, Cella said the SEC's preliminary inquiry identified 29 trading

accounts which profited from stock or option trading before 9/11. These profitable

positions had been established at various times, ranging from as late as September 10,

2001 to as early as February 8, 2000. The SEC told the FBI that some of these 29 .

accounts were 'either hedge funds or proprietary accounts that had been in existence for

years. As of September 21,2001, the SEC and/or the relevant securities exchanges were

stil1 investigating other of the 29 accounts. At the September 21 meeting, the SEC

referred two suspicious accounts to the FBI for investigation.

Mackey described these two suspicious accounts the SEC turned over to his team

for investigation on September 21. First, from September 6, 2001 through September

10, 2001, 56,000 shares of a company called "Stratesec" were purchased ?~,,__ --'

•
.... ...~~.~I .......
L!he SEC informed th~'FBI that Stratesec

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\\C~'.::;.... . -v • ". ••••• com~~s~li~S:ir~:Sitive

\_:·:::···~~: ..;.: :P~~i~~~i~ortseClJfit}'s)'st~~s. Subseqent FBI investigation revealed that its stock

per share 0~··9tll.to..$1.49 when the market reopened on 9/17.

\, \.., \,,,"\, ·-.·:~>'iJl~r~as.~(lfr.~:m~·$O)5 As
'. ., "" ','. " -'"

" \,\' \o;Oei~beri~~~ ....··~~d not sold th~ st;~ktheYPllrchased, leaving them with an
.. , . . .

o'to.y.er $50l~OO. The'.F:~I's investigation revealed·tha~ ..

·'.".~m:~aI1z~:d:~ro.~t -..I

i~Il.IJirecto;·6~ las~~;iasadirect~~ofl j.vhich is a public

company-in Oklahoma.tand Chairman ofth~ I fill investment .firm based in .

WashingtonD.C. TheFBUrivt;stigati~~'r"vealed no ties to terrorism or other negative

informati~n~o~~~rning ~itheroftii~ Iso it concluded there was no reason to

pursue the investigation. Th~Fmdidnot interview ~h~Io- "

\.....The second ...susp'i~.~oustran~~.ti6·n ..~~entified by the SEC was a 2000 share short

sale i~'UAL stock b~' .'~fP~IIllBeach, Floridan on September 6, 200 I.

• '1 . ~Iso took short positions in BritishTelecom and Quest Communications.

Mackey sai~ subsequent FBI invest~ation revealed tb~~ ~ad multiple U.S.

residences arid accounts at various brokerages dating'back to 1996. He said the FBI
... ',,',
developed no suspicious information abo~4 Imdl)o information .linking him to

terrorism. As a result, it determined no further investigation ~fl Iwas warranted.

It did not inte·rvie~ ... ...

Mackey described another meeting with the SEC on September 25, 2001, a full

summary of which is included in his chronology. Among other things, the SEC reported'

that it has not found any unusual activity in its continuing investigations of options

trading, but that it would continue to investigate and report any suspicious trading to the

FBI. Also at this meeting, the SEC and FBI representatives discussed press reports

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quoting German Central Banker, Ernst Welteke as stating that there was strong evidence

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of massive illicit trading prior to the attacks. At the meeting, the SEC representatives

said they had not received any such information from their German counterparts and

noted that the Bundesbank had retracted many of Welteke's remarks through a September

24, 2001 press release.

Mackey said that in mid-October 2001 he attended a high-level meeting with

German law enforcement officials and the FBI. Joe Cella of the SEC also attended. At

this meeting, Joe Cella made a presentation concerning the SEC's investigation. No

evidence of any suspicious trading in Germany was presented at the meeting. Mackey

'I~ ~
\ said thai \

Mackey said that on September 27,2001 he received a report from the Chicago

• F.O. on an interview with a market maker at the Chicago Board of Options Trading, who

had handled several large put orders for VAL stock just prior to 9/11. This market maker

.insisted that, regardless of what the regulators were saying, those put trades were

suspicious. Mackey advised Chicago to send a lead to New York with the names of the

trader or traders so they could be interviewed to ascertain the reason for their well-timed

trades. [The New York investigation is discussed below].

Amir Ibrahim Eigindy

In early October, Mackey's team met with AUSA Ken Breen, E.D.N.Y,

concerning an investigation of Amir Ibrahim Eigindy. They learned from Breen that on

September 10 Elgindy, a professional trader and known short-seller, told his broker he

wanted to liquidate $300,000 in stock in the accounts of his children because he believed

• the market was headed down to 3,000 [a presumed reference to the Dow Index, which

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was then around 9,600]. The liquidation did not occur because Eigindydid not fax the·

necessary written confirmation to his broker until after the markets closed on September

10. [More details on the meeting with Breen concerning Elgindy are available in

Mackey's chronology).

AUSA Breen handled the investigation of Elgindy. On May 17, 2002, Elgindy

was indicted in the E.D.N.Y., along with 4 other people, including Jeff Royer, an alleged

corrupt FBI agent, on racketeering charges. Among other things, Elgindy allegedly used

confidential information Royer provided him concerning investigations of publicly-traded

companies to extort those companies or short their stock. Mackey said he does not know

whether Elgindy had any advance information about September 11. He said he spoke

recently about the subject with AUSA Breen, and Breen said Elgindy's knowledge

• remains a question mark. Breen reportedly told Mackey that Elgindy is "very quirky,'.'

had made some negotiations

remarks.
to suspect charities, and purportedly made anti-american

Lormel and others at the briefing said that the FBI has not found any links

between Elgindny and AI-Qaeda or terrorism. Moreover, one of the agents present

pointed out that Elgindy was merely trying to liquidate some accounts; there is no

evidence he was seeking to establish a position whereby he would profit from the terrorist

attacks.

Mackey said that a superseding indictment was issued in Elgindys case on June

13,2003, and a trial date has been set for January 12, 2004. He said he does not know if

the FBI ever interviewed Elgindy.3

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3 [Press reports state that at a May 2002 pre-trial detention hearing, AUSA Breen stated, "Perhaps Mr.
Elgindy had pre-knowledge of the September II attacks. Instead of trying to report it, he tried to profit
from it." Hettena, Seth, "Judge Disregards Prosecutor's Suggestion Accused Swindler Knew Sept. II
Attacks Were Coming," AP, May 25, 2002. A magistrate judge chose to ignore these remarks. ld Later
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Commodities and Treasury Securities

Mackey said the CFTC took the lead in investigating potential suspicious trading

in commodities and U.S. Treasury securities. He said the CFTC informed the FBI that

\<:'. any relevant trading could be explained, and there were no suspicious trades warranting

further investigation. Among other things, the CFTC said it reported investigating a tip
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" froi:r::secret Service concerning potential unusual trading in 5-year Treasury notes during

,,,,late A,,:~ust or early September. Upon investigation, the CFTC determined this trading to

'\'1Je unre~rkable and not warranting further investigation. The FBI did not independently

verify ani~\the CFTC's investigative findings.

sumdl:,,,,ry and Conclusion of Mackey's Role

, , On Octdl)er 9, Mackey prepared a summary of his team's trading investigation to

• date.vlt is reprodue:~~, in full in the chronology he provided.

returned '\0 his assignment at Quantico.

On October 20, 2003, he

His chronology states that his team was folded

into an expanded International Financial Team, under team leader SSA Pat Ford and that

informationdeveloped as aresult of the Team's trading investigation was assigned to

SSA James'Mcblally, one ofMackey's Deputies,

New \o'~,k InvestigatiO~::::,\"

Agents~1 \, ~n4P!o',,-\ ---- .. rrom the New York F.O. briefed us on

their work in the trading investigation.j ... ......~ook the lead during the briefing. He

explained that he andl.. ..lwho had relevant experience, were tasked to run down

the leads provided by the SEC concerning potentially suspicious trading prior to

•
press reports notes that Eigindy was ultimately released to home detention, and that prosecutors "quickly
dropped" the allegation he had advance knowledge of 9/11. Calbreath, Dean, "Stock Trader Eigindy out of
Jail, WiJl be Under House Arrest," Copley News Service, September 11,2002. Elgindy resides in San
Diego. Id.]
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\, "'> ..... <.,:~:::>,
.,\,::S~Ptember II, He said the SEC provided a "boiled down" spreadsheet of trades in airline

, \:.\ \\()r"jil~urance stocks requiring further inquiry, These trades included both option and

....
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... stock-andwere primarily made by hedge funds or other institutional investors.
'\ '.., ' ', '-\ "', "'.

1\ "\~~:~__ ......
~an down all these leads, conducting 25-30 interviews of traders.

Upon investigation, none of the trades proved suspicious.

\\ As ~eXruh~I~~ .. ......~escribed a trader who took substantial position in put

'options t~,AIGlnsurail\:,e Co " just before 9/ II, Viewed in isol ation, this trade looked

\ suspicious> Upon investigation, however, the FBI determined the trade had been made by

"~,fund mana~,r to hed'g~"a long-position of 4.2 miIIion shares in the AIG common stock,

Because the fUIi~",,~ada very low tax.basis in the stock, selling it would create massive tax .

consequences. Thus, the fund.managerchose to hedge his position through a put option

• purchase.

samerime,
\.

______
After 9/11"~
...the fund profited substantially from its investment in puts. At the
".....

...~aid most of the interviews he

-.
however, th~'...:rund suffered a substantial loss on the common stock.

~dJ Idid were in New York,

although a few were outside O{New York ~~ conducted telephonically. To the

knowledge of everyone presend ~~4 ~ere the only agents following

these leads from the SEC by interviewing traders, although Mackey suggested the·SEC

may have contacted other field offices directly. They said they were not asked to

investigate any off-shore accounts. Upon investigation, all of the trades checked out,

and they developed no evidence of any trading linked to 9/11. Moreover, they asked the

fund managers or other traders about the identity of their clients and whether the clients

provided suggested trades. In all cases, they satisfied themselves that the trading was

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Copies of documents relating to the New York F.O. investigation, including a

\ '.summary, 302s, and other documents, were provided, Bates-stamped, Request 5-13, 176-

27\

'Boston Investigation

SSA"GreR,Ruppert, an attorney with securities fraud experience, briefed us.on .the

involvement of,t,~e Boston office in the trading investigation. He said his office was

responsible for tw6"prim~rY,leads.

, ,

First, they received a tip.about a suspicious purchase of 5,000 shares on

September 10, 2001, in Viisage Technologies, a facial recognition technology company

in Western Massachusetts that .arguablystood to benefit from 9/11. The purchaser,

"

Iwas of Lebanese
",

.'I descent and-had at one time worked at the Saudi

• America BankiCitibank in London. W6~~ing throtl&,h the London Legat, the FBI

arranged for the London police to intervie~ I 'i-Ie"explained that he bought

stock on a tip by his broker, which Ruppert believed the FB'f.~,?rroborated (although he
the

could not recall how it corroborated this information). Moreov~'rl !was

completely cooperative with the investigation, and investigation revealed him to have a

net worth in the range of $1 0 million. In sum, the investigation revealed no connection

with 9/11.

The other lead Boston followed concerned a tip that an investment company

called Wellington Management allegedly held an account on behalf of Usama bin Ladin,

with a value of $1 00 million. Upon investigation, which involved the SEC and an

AUSA, as well as the FBI, it was determined that Wellington held an account on behalf

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of other members of the bin Ladin fami1y, who invested through an offshorecompany,"

The investigation revealed that the bin Ladin initial investment was $6 million and that

the account's value never exceeded $8 million. There is no evidence the account was

linked to Usama, Al-Qaeda, or terrorism.

Documents related to the Boston investigation were provided at Request No. 5-

13,274-302.

Hard-Drive Restoration

We asked about persistent press reports that a certain damaged hard-drives had

been recovered from the WTC site and sent to Germany, where a company was working

to restore them. These press reports contend that large volumes of suspicious

transactions flowed through computers housed in the WTC on the morning of9/11 as part

• of some illicit but ill-defined effort to profit from the attacks. The assembled agents

expressed no knowledge of the reported hard-drive recovery effort or the alleged scheme.

Moreover, one of the New York agents pointed out, from personal experience, that

everything at the WTC was pulverized to near power, making it extremely unlikely that

any hard-drives survived to the extent they data be recovered.

Foreign Wrap-up

In response to our questioning, Lormel said he was confident that no foreign

.agency found any evidence of 9/ l l-related trading overseas. He said the FBI received

good cooperation from almost every relevant agency, and none of them presented any

evidence of any illicit trading. He did note, the Swiss were somewhat recalcitrant to

share information, in keeping with their historical practice. As to Germany, he said the

•
4 [Documents provided by the FBI reveal the actual investor was Globe Administration, Ltd., which
manages corporate money for the Saudi Bin Laden Group. See Req 5-13, 300-302, FD-302 re interview of
Wellington Management International, LLP employee M. Coll.]
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FBI had considerable contacts and a good spirit of cooperation with their Getman

counterparts, and the Germans never presented any evidence of illicit trading. Neither

Lormel nor anyone else present could offer an explanation for the early remarks of the

German Central Banker, except to state that the evidence did not bear out his 'comments.

Conclusion

The agents present stated that at present there is no open investigatiO?.:related to

the trading issue and that no case was ever referred for prosecution. As f~/ils the FBI is

• concerned, there was no evidence ever found of any trading with advan~,r:knowledge

the 9111 attacks~1 ~tated that trading in advance of an.o/faCk would 'be a

very stupid strategy because of the paper-intensive

of

nature of any se9tirities trade. In his

, view, a clear.paper trail would exist with respect to any trade, m~,~ing it a very risky

strategy for' any terrorist to attempt.

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